Nandu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34810 of 2023 Arising Out of PS. Case No.-74 Year-2022 Thana- FOREST (GOVERNMENT OFFICIAL) District- West Champaran ====================================================== 1.

Nandu Sah Son Of Late Dularchand Sah Resident Of Village-Tumkariya, Police Station-Bariya, District-West Champaran 2.

Hiraman Chaudhary Son Of Bacha Chaudhary Resident Of VillageTumkariya, Police Station-Bariya, District-West Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioner seeks permission to withdraw this application with regard to petitioner no. 1 submitting that during pendency of this application the petitioner no. 1 has already been apprehended by the police.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no. 1 is dismissed as withdrawn.

5. Now, this application is being heard only with regard to petitioner no. 2.

6. Heard learned counsel for the petitioner and

Patna High Court CR. MISC. No.34810 of 2023(2) dt.25-07-2023 2/3 learned APP for the State.

7. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 2, 27, 29, 33, 34A, 50, 51 and 66A of the Indian Forest Act and Section 2, 27, 29, 51 and 52 of the Wild Life Protection Act.

8. The allegation against the petitioner is of digging pond in protected area of forest land in Udaipur Wild Life Sanctuary.

9. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific allegation against the petitioner. He submits that the petitioner is working in his field at the time of alleged incident and he was falsely been implicated in this case by the forest department officials because he uses to feed his pets in forest. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

10. Learned APP for the State opposes prayer for anticipatory bail.

11. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the

Patna High Court CR. MISC. No.34810 of 2023(2) dt.25-07-2023 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Forest Case No. 74 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T